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Decree No. 2005 - 160 22 February 2005 Laying Down The Conditions For Integration Of Licensed Agents And Tenure Of The Collectivité Departementale De Mayotte Unlicensed Agents Made Available To The Prefecture In Bodies Of C...

Original Language Title: Décret n° 2005-160 du 22 février 2005 fixant les conditions d'intégration des agents titulaires et de titularisation des agents non titulaires de la collectivité départementale de Mayotte mis à disposition de la préfecture dans des corps de c...

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INTERIEUR , PUBLIC FUNCTION OF THE STATE , CENTRAL ADMINISTRATION , FOCUS SERVICE , PREFECTURE , HOST BODY , LIST , STAFF , TENANT AGENT , EMPLOYEE , CATEGORY A , CATEGORY B , CATEGORY C , NON-INCUMBENT AGENT , CONTRACT AGENT , TENURE , POSITION , DETACHING , OVERSEAS , DEPARTMENT OF DEPARTMENT , MAYOTTE , INTEGRATION , TRLIKE , REMUNERATION , INDEX , INDICIAL ECHELING , PROGRESS , CAREER IMPROVEMENTS


JORF No. 46 of 24 February 2005 Page 3132
Text #4



Decree n ° 2005-160 of 22 February 2005 laying down the conditions for the integration of the holding and holding agents of the non-incumbent agents of the departmental community of Mayotte The prefecture in category A, B and C bodies of the state civil service

NOR: INTA0500043D ELI: https://www.legifrance.gouv.fr/eli/decret/2005/2/22/INTA0500043D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2005/2/22/2005-160/jo/texte


Prime Minister,
On the report of the Minister of the Interior, Internal Security and Local Freedoms, Minister of Economy, Ministry of Public Service and the reform of the State and the Minister of the Sea of the Sea,
In the light of Law No. 83-634 of 13 July 1983 as amended on the rights and obligations of civil servants, together with Law No. 84-16 As of 11 January 1984 amending the statutory provisions relating to the public service of the State;
Having regard to Act No. 2001-616 of 11 July 2001 on Mayotte, as amended by Order No. 2002-1450 of 12 December 2002 on the Modernisation of the municipal system, inter-communal cooperation, the conditions for the exercise of local mandates in Mayotte and amending the general code of local authorities and the Overseas Programme Act (No 2003-660 of 21 July 2003), in particular Articles 64-1 and 65;
Having regard to Decree No. 65-1147 of 15 December 1965 on the special status of engineers in the technical services of the equipment of the Ministry of the Interior, as amended by Decree No. 79-636 of 23 July 1979 ;
In view of Decree No. 69-904 of 29 September 1969 on the status of the body of officials of the information and communication systems of the Ministry of the Interior, as amended by Decree No. 74-514 of 17 May 1974, by Decree No. 93-324 of 11 March 1993 And by Decree No. 2002-1280 of 24 October 2002;
In view of Decree No. 70-78 of 27 January 1970 on different scales of pay for categories C and D of State officials;
Given Decree No. 70-79 of 27 January 1970 as amended relating to the organisation of careers of officials in categories C and D;
Having regard to Decree No 84-238 of 29 March 1984 concerning the special status of the body of inspectors of the information and communication systems of the Ministry of the Interior;
In view of the amended Decree No. 90-712 of 1 August 1990 on the common statutory provisions applicable to the bodies of administrative officials of the administrations of the State;
In view of Decree No. 90-713 of 1 August 1990 Relating to the common statutory provisions applicable to the bodies of administrative assistants of the administrations of the State, as amended by Decree No. 98-1156 of 16 December 1998 and by Decree No. 2003-334 of 9 April 2003;
In the light of Decree No. 90-714 Of 1 August 1990 on the common statutory provisions applicable to the bodies of professional workers of the State administrations and to the bodies of master workers of the State administrations, as amended by Decree No. 97-413 of 25 April 1997 ;
Given the amended decree n ° 90-715 of 1 August 1990 on the common statutory provisions applicable to the bodies of the technical services agents of the administrations of the State;
Having regard to Decree No. 94-1016 of 18 November 1994 fixing the Common statutory provisions applicable to various bodies of officials of category B, as amended by Decree No. 97-301 of 3 April 1997 and by Decree No. 2001-1238 of 19 December 2001;
Having regard to Decree No. 94-1017 of 18 November 1994, as amended Fixing the common statutory provisions applicable to the bodies of the administrative secretaries of the administrations of the State and to certain similar bodies, as amended by Decree No. 97-996 of 30 October 1997, by Decree No 2001-1239 of 19 December 2001 and by Decree No. 2003-613 of 5 July 2003;
Having regard to Decree No. 97-259 of 17 March 1997 on the special status of the body of the controllers of the technical services of the Ministry of the Interior;
In view of Decree No. 97-583 of 30 May 1997 As amended by Decree No. 2004-671 of 8 July 2004;
Having regard to Decree No. 2000-798 of 24 August 2000 on the special status of the body of controllers of the Information and communication systems of the Ministry of the Interior, as amended by Decree No. 2002-1280 of 24 October 2002;
Having regard to Decree No. 2001-834 of 12 September 2001 on the recognition of work experience in equivalence The conditions of qualifications or diplomas required to run in competitions and professional examinations set aside pursuant to Article 1 of Act No. 2001-2 of 3 January 2001 on the reduction of precarious employment and Modernisation of recruitment in the civil service as well as working time in the territorial civil service;
Given the opinion of the Joint Technical Committee of 9 July 2004;
In view of the opinion of the General Council of Mayotte As of July 26, 2004;
The Council of State (Finance Section) Heard:

Item 1 Read more about this Article ...


The officers holding the departmental community of Mayotte made available to the prefecture, fulfilling the conditions laid down in Article 64 (1) of the Act of 11 July 2001 referred to above and classified :
(a) The 7th step of the Category II principalat;
(b) In Category I, at the 7th echelon at least in the normal class or at the 2nd echelon at least of the 2nd class principalat;
c) Either in a higher grade,
are Integrated into a corps of officials of category A, B or C of the Ministry of the Interior under the conditions laid down in Articles 2, 3, 7 to 9, 11, 13 and 14.
The body of reception referred to in the preceding paragraph shall be determined in accordance with the conditions laid down By the correlation table I annexed to this Decree.

Article 2 Read more about this Article ...


The agents referred to in Article 1 shall be integrated after successful completion of a professional examination or by way of registration on a list of competence after the opinion of the competent joint administrative committees.

Item 3 Read more about this Article ...


Integrations are by order of the Minister of the Interior.

Article 4 Read more about this Article ...


The non-incumbent agents of the departmental community of Mayotte made available to the prefecture, fulfilling the conditions laid down in III of Article 64-1 of the Act of 11 July 2001 referred to above and classified :
a) Either within the CAP contract grid, at least at the 8th echelon;
b) either within the BEP contract grid, at least at the 6th echelon;
c) Either within the contract grid LAC, at least at the 5th echelon;
(d) In a higher index grid,
shall be entitled, on request, to a body of category A, B or C officials of the Ministry of the Interior under the conditions set out in Articles 5 to 8, 10 and 12 to 14
Reception body referred to in the preceding paragraph shall be determined under the conditions laid down in the correlation table II annexed to this Decree.

Article 5 Learn more about This article ...


The access of the agents mentioned in Article 4 to the receiving bodies is subject to the success of the tests of the professional examinations or of one of the competitions reserved for them.

Article 6 More about this Article ...


Ownership is made by order of the Minister of the Interior.

Article 7 Read more about this Article ...


For each of the host bodies listed in Annex A to this Decree, candidates for the professional examinations or examinations referred to in Articles 2 and 5 shall:
(a) be in possession of the titles or Diplomas provided for by the statutory provisions relating to recruitment in the reception bodies by the external channel;
(b) To justify a professional experience recognised under the conditions and in accordance with the provisions of the decree of the 12 September 2001 mentioned above.

Article 8 Read more about this Article ...


The rules for the general organisation of reserved competitions and professional examinations, the nature and programme of tests shall be fixed by the joint decree of the Minister of the Interior and the Minister responsible for Public service.

Article 9 Read more about this Article ...


Incumbents mentioned in Article 1 who perform functions corresponding to those assigned to the body of technical services officers or to the body of administrative officers shall be integrated after Registration on a list of access to the body considered established after the opinion of the competent Joint Administrative Committee.

Article 10 Read more about this Article ...


Non-incumbent agents referred to in Article 4 who perform functions corresponding to those assigned to the body of technical services officers or to the body of administrative officers may be Successful completion of a professional examination.
The nature of the test and the terms and conditions of the professional examination provided for in the preceding paragraph shall be determined by the joint order of the Minister of the Interior and the Minister responsible for the examination. From the public service.

Article 11
When they are integrated, the agents are classified in the first rank of the receiving body, at a level that gives them gross treatment equal to or immediately greater than that which they saw in their jobs
The incumbents whose previous salary is higher than the last step of the first grade level are classified at this last step.
Within the limit of the average duration of service required For advancement at the immediate higher level, they retain the seniority they had acquired in their former echelon if their appointment provided them with an increase in salary lower than that which would have been The level immediately above their previous rank or, if they were already at the terminal level, to that resulting from the promotion at the latest level.
The services performed by these agents in their original employment are treated as follows: Services performed in the integration body.

Item 12
tenure holders are classified in the receiving body in the first grade and at a level determined by the special status of this body.

Article 13 Read more about this Article ...


When the total annual gross remuneration resulting from the application of their new status is less than that which they received in their previous employment, the agents shall be entitled to Compensatory compensation.
In no case shall the cumulative amount of the compensation and compensation be greater than the remuneration for the last step of the highest grade of the body to which the persons concerned access
This allowance is re-sorbed as compensation increases in response to promotions in the host body.

Article 14 More on this Article ...


The elements to be taken into account for the purpose of determining the compensation awarded under Article 13 shall be, excluding allowances Representative of fees:
(a) On the one hand, the total remuneration prior to the integration or tenure which corresponds to the gross principal remuneration plus the premiums and allowances which constitute the accessory thereto, including, If applicable, additional work allowances;
(b) On the other hand, the total remuneration resulting from the integration or tenure, which includes unspeakable gross treatment, increased, if any, of its accessories, thus Premiums and allowances, including, where applicable, additional work allowances.

Article 15 Read more about this Article ...


Minister of Interior, Internal Security and Local Freedoms, Minister of Economy, Finance and Industry, Minister of Public Service and Reform of the State, Minister And the Minister Delegate to the Budget and Budget Reform, a spokesman for the Government, shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Appendix


A N N E X E A
LIST OF HOME CORPS
FOR THE APPLICATION OF SECTION 7


Engineers of the Hardware technical services.
Information and Communication Systems Inspectors.
Prefectural Attachés.
Technical Services Controllers.
Information and Communication Systems Controllers.
Secretaries Prefecture administration.
Business workers.
Administrative attachments.
Information and communication system agents, standard specialty.


Lookup Table I (Incumbents)


You can view the table in OJ
No 46, 24/02/2005 text number 4




Lookup Table II (non-holders)


You Can refer to the table in OJ
No 46, 24/02/2005 text number 4


Done at Paris, February 22, 2005.


Jean-Pierre Raffarin


By the Prime Minister:


The Minister of the Interior,

internal security

and local freedoms,

Dominique de Villepin

Finance Minister,

Finance and Industry,

Hervé Gaymard

Public Service Minister

and state reform,

Renaud Dutreil

The Minister for Overseas Affairs,

Brigitte Girardin

The minister delegated to the

budget and budget reform,

Government spokesman,

Jean-François Copé


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